North Carolina and Virginia are mostly warm weather climates though it does get quite cold during the heart of winter, particularly in the mountainous areas of each state. Workers who work in the agricultural, construction, or other outdoor industries regularly risk injuries and illnesses while they work outdoors.
Employees should understand that while both employers and employees should take as many precautions as possible while working outdoors, there is no requirement to show your employer is negligent in order to file a workers’ compensation claim in either North Carolina or Virginia. Fault is not a factor in workers’ compensation claims, unlike personal injury claims.
Some of the physical dangers involved with working outside include exposure to extreme heat which can cause heat exhaustion and heat stroke and extreme cold which can cause frostbite and hypothermia. Exposure to the sun can cause skin cancer and sunburn. Other dangerous exposures include exposure to noise and the more recent danger of exposure to wildfire smoke. We’ll continue this topic in our subsequent articles. The risks of working outdoors can be reduced or prevented if employers take proper safety measures.
Caution as to Workers Compensation Law regarding Environmental Exposures.
As a general rule, though, particularly when dealing with environmental issues such as heat, cold, or other exposures, even though the negative result (for example heat stroke) may only take a few seconds, the exposure to the extreme environment takes place over time.
Generally, injuries that take place over time are not compensable in workers compensation unless the exposure happens over a very short period of time or it is determined to be an occupational disease.
Briefly, an occupational disease is one that arises out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of the injured worker’s employment.
So as an example, if a worker is working outside, given sufficient breaks, given sufficient water, and is not doing particularly strenuous work, no matter how hot it is, the general public is equally exposed to these conditions. Therefore, it would seem that such a worker who suffered a heat stroke or other injury related to heat exposure would have suffered a ordinary disease of life and would not be able to successfully pursue a workers’ compensation claim for those injuries.
On the other hand, if the heat of the day is particularly oppressive and unusually hot, the work is particularly strenuous, the injured worker is far more exposed to the heat and sun than the general public, such as being on a roof, and is not given sufficient breaks or water, then that worker who suffers injury from those conditions may be able to prove occupational disease.
According to the US Centers for Disease Control and Prevention (CDC), workers are regularly exposed to the following outdoor weather hazards:
Extreme heat exposure
The CDC states that exposure to extreme heat can cause heat-related stress and heat-related illnesses.
“Occupational heat stress is the combination of metabolic heat, environmental heat, and clothing and personal protective equipment (PPE), which results in increased heat storage within the body.”
Heat-related stress can cause heat-related illnesses, such as heat exhaustion, heat stroke, rhabdomyolysis, heat rashes, and heat cramps. Heat-related stress can also cause various physical accidents including:
- Accidents that occur due to slip and fall accidents due to puddles of sweat on the ground or losing a grip of an object due to sweat.
- Accidents due to the loss of vision because a worker’s glasses become foggy
- Accidents that are caused by touching equipment, machines, and tools that are too hot
- Accidents due to tiredness or dizziness
- Injuries that occur when a worker removes PPE due to the heat and then is exposed to the dangers that the PPE was designed to protect.
Some of the risk factors for heat-related stress and heat-related illnesses include high temperatures, high humidity, direct exposure to the sun, lack of air movement, dehydration (not consuming enough liquids), older age workers, certain medications and medical conditions, and pregnancy.
Generally, per OSHA Standards, employers are required to provide their employees with a place of employment that is “free from recognized hazards that are causing or likely to cause death or serious harm to employees.” Employers should use the latest technology and engineering to reduce the dangers of heat exposure – and manage the time of the workers so they can have plenty of time to rest, become hydrated, and protect themselves from the heat in other ways.
Another factor that is very important is whether a worker is acclimatized to the heat. In other words, exposure reactions will likely be very different for someone who is spending his or her first day out in extreme heat vs. someone who has been working in those same types of conditions for years. This should be taken into account when determining whether exposing a particular employee to extreme heat is going to be hazardous for that particular employee.
In conjunction with NIOSH, the Centers for Disease control has created recommended standards for Occupational Exposure to Heat and Hot Environments.
Although as noted previously, one does not have to prove negligence of the employer in a workers compensation claim, an injured worker’s exposure to heat that is well outside the standards of the NIOSH recommendations may prove useful when attempting to prove a worker suffered a heat-related occupational disease vs an ordinary disease of life.
The CDC identifies the following heat-related illnesses:
- Heat stroke. Generally, this condition is the most serious heat-related illness. Heat stroke happens when a worker’s body cannot control their temperature.
“The body’s temperature rises rapidly, the sweating mechanism fails, and the body is unable to cool down. When heat stroke occurs, the body temperature can rise to 106°F or higher within 10 to 15 minutes. Heat stroke can cause permanent disability or death if the person does not receive emergency treatment.”
The signs that a worker has heat stroke include loss of consciousness (coma), slurred speech, confusion, profuse sweating, dry skin, very high body temperatures, and seizures. Without prompt treatment, heat stroke can be fatal.
- Heat exhaustion. This condition occurs due to the “excessive loss of water and salt, usually through excessive sweating.” Symptoms include headaches, dizziness, weakness, nausea, thirst, heavy sweating, irritability, a high body temperature, and a decrease in urine output.
- Rhabdomyolysis. This health condition is due to heat stress and continued physical activity. The disorder “causes the rapid breakdown, rupture, and death of muscle.” “When muscle tissue dies, electrolytes and large proteins are released into the bloodstream” which can cause the worker to suffer “irregular heart rhythms, seizures, and damage to the kidneys.” The symptoms of rhabdomyolysis include muscle pain, muscle cramps, weakness, urine that is unusually dark (tea or cola-colored), intolerance to exercise, and may be asymptomatic.
- Heat syncope. This disorder involves a “fainting (syncope) episode or dizziness that usually occurs when standing for too long or suddenly standing up after sitting or lying.” A lack of adjusting to the heat and dehydration may contribute to heat syncope. Symptoms include fainting for a short time, dizziness, and light-headedness – “from standing too long or suddenly rising from a sitting or lying position.”
- Heat rash. This disorder is an irritation of the skin due to excessive sweating. Symptoms of heat rash include small blisters and red clusters of pimples. Heat rash “usually appears on the neck, upper chest, groin, under the breasts, and in elbow creases.”
Employers should understand these risks, take preventive measures, and be prepared to provide immediate first aid and emergency help when these work-related illnesses do occur.
Biological hazards
Some of the biological hazard risks to workers include the following:
- Vector-borne diseases. Workers generally have the right to file a workers’ compensation claim based on an occupational illness if they suffer diseases through exposure to insects such as mosquitoes or ticks. Mosquitoes, for example, often carry diseases that are due to bacterium, viruses, and parasites which can cause short-term, long-term, and even a lifetime illness or death.
- Venomous wildlife and insects. Some of the animals and insects found in nature contain dangerous toxins including snakes, scorpions, spiders, and insects that sting.
- Poisonous plants can be dangerous if their oils come into contact with a worker’s skin – generally by causing an allergic reaction. Other dangers of some plants include burn injuries and respiratory injuries due to exposure to toxins that are inhaled.
Other outdoor work hazards
Some of the other hazards that may lead to a workers’ compensation claim include exposure to chemical hazards such as pesticides.
Workers’ compensation lawyer Joe Miller understands how anxious and concerned you are. Your medical and daily living bills are mounting. You worry about whether you can return to work. He has helped thousands of workers obtain the medical and disability benefits (temporary and permanent) that they deserve. We have more than 30 years of experience fighting for employees in North Carolina and Virginia. Call attorney Joe Miller, Esq., at 888-667-8295 or submit my online contact form to schedule a free consultation.
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